United States of America > Migrant workers

United States of America - Migrant workers - Regulation, Decree, Ordinance

Rules of Practice and Procedure for Administrative Hearings Before Administrative Law Judges in Cases Involving Allegations of Unlawful Employment of Aliens and Unfair Immigration-Related Employment Practices (28 CFR Part 68)

Adoption: 1992-12-07 | USA-1992-R-38925

After revisions necessitated by the Immigration Act of 1990, these final rules have been issued. They concern the practice and procedure in administrative hearings regarding allegations of unlawful hiring, allegations of unfair immigration-related employment practices, and related matters.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Prevailing Practice Determinations Rule (20 CFR Part 655)

Adoption: 1992-09-11 | Date of entry into force: 1992-10-19 | USA-1992-R-31124

Amends the regulations for the temporary alien agricultural labour certification program. The amendment explains the standard for determining when or where a particular employment practice is prevailing in the occupation in the area of intended employment. Such determinations are made with respect to the provision by covered employers of family housing and transportation advances, and the frequency of such employers' wage payments to workers, and such employers' utilization of farm labour contracts.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports Rule (29 CFR Part 506)

Adoption: 1992-09-01 | Date of entry into force: 1992-10-08 | USA-1992-R-31127

Regulations promulgated by the Employment and Training Administration and the Employment Standards Administration of the Department of Labour in respect of the filing and enforcement of attestations by employers seeking to use alien crewmembers to perform longshore work at U.S. ports as required under the Immigration and Nationality act as amended by the Immigration Act 1990.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Petition to Classify Alien as Immediate Relative of a United States Citizen or as a Preference Immigrant Rule (8 CFR Part 204)

Adoption: 1992-08-25 | Date of entry into force: 1992-09-09 | USA-1992-R-31125

Amends 8 CFR Part 204 in accordance with the Immigration Act of 1990, by providing procedures and criteria for certain family members who were not previously eligible, but who now qualify for immigration benefits.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Nonimmigrant Classes (8 CFR Parts 214)

Adoption: 1992-08-13 | Date of entry into force: 1992-09-17 | USA-1992-R-31123

Expands the list of aliens authorized to accept employment in the United States by including those non-immigrant employment authorized classifications created by the Immigration Act of 1990.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Denial of Crewman Status in the Case of Certain Labour Disputes and Specifications of Authorized Employment Rule (8 CFR Parts 214, 251 and 258)

Adoption: 1992-07-16 | Date of entry into force: 1992-09-08 | USA-1992-R-31126

Implements sections 202 and 203 of the Immigration Act of 1990 by placing certain restrictions on the admission and employment of alien crewmen during strikes and their performance of longshore work.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Enforcement of contractual obligations for temporary alien agricultural workers admitted under Section 216 of the Immigration and Nationality Act.

Adoption: 1992-07-01 | USA-1992-R-39124

Regulates how the investigation, inspection and law enforcement responsibilities of the Employment Standards Administration are to be carried out. These functions include the enforcement of matters related to the payment of required wages, transporation, meals and housing in relation to the employment of temporary alien agricultural (H-2A) workers.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Reporting and employment requirements for employers of certain workers employed in seasonal agricultural services.

Adoption: 1992-07-01 | USA-1992-R-39125

These regulations establish a method whereby an employer must assemble employment information on certain resident alien workers employed in seasonal agricultural services to be reported to the Federal Government and to any replenishment agricultural worker. The purpose is to assist the authorities in determining the number of replenishment agricultural worker and for the worker to establish a work history in order retain his legal status and to avoid deportation.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Attestations by facilities using nonimmigrant aliens as registered nurses. (29 CFR, Chapter V, Part 504)

Adoption: 1992-07-01 | USA-1992-R-39126

The Immigration Nursing Relief Act of 1989 was enacted to provide relief for the nursing shortage crisis. Subpart D of these Regulations set forth the procedure by which health care facilities seeking to use nonimmigrant registered nurses may submit attestations to the Department of Labor relating to the effects on the nursing shortage on their operations, their efforts to recruit and retain United States workers as registered nurses and certain information on wages and working conditions for nurses at the facility. Subpart E of these Regulations set forth complaint, investigation and penalty provisions with respect to such attestations.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Enforcement of H-1B labor condition applications

Adoption: 1992-07-01 | USA-1992-R-39128

The Immigration and Nationality Act establishes an annual ceiling of 65,000 on the number of aliens who may be issued H-1B visas. These regulations define the scope of eligible occupations for which nonimmigrants may be issued H-1B visas and specifies the qualifications required. They detail how employers seeking to employ H-1B aliens are to proceed and establishes a system for the receipt and investigation of complaints.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adult migrant framworker and immigrant education program.

Adoption: 1992-07-01 | USA-1992-R-39129

This Program provides financial assistance for adult education programs, services, and activities to meet the special needs of adult migrant farmworkers an immigrants. The regulations detail the conditions and the procedure for obtaining federal funding.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Changes to Chapter 15 of the United States-Canada Free-Trade Agreement (FTA) Rule (8 CFR Part 214)

Adoption: 1992-06-22 | Date of entry into force: 1992-08-12 | USA-1992-R-29965

Amends 8 CFR part 214 relating to Canadian citizens seeking to engage in activities at a professional level under section 214(e) of the Immigration and Nationality Act. It will facilitate the temporary entry of Canadian citizens coming to the United States to engage in professional activities.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Migrant and Seasonal Farmworkers Programs (20 CFR, § 633).

Adoption: 1992-04-01 | USA-1992-R-38921

These Regulations implement Title IV, Section 402 of the Job Training Partnership Act which has the pupose to provide job training, employment opportunities, and other services for those who suffer chronic seasonal unemployment and underemployment in the agriculture industry. The criteria for qualifying as migrant or seasonal farmworkers pursuant to these provisions are based on the working conditions - not the nationality - of the farmworkers in question. The grant planning and application procedures as well as the program design and administrative procedures are regulated in this part.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Services of the employment service system

Adoption: 1992-04-01 | USA-1992-R-38922

These regulations set forth the principal rules of the United States Employment Service for counceling, testing, and job and training referral services. Particular attention is to be given by the United States Employment Service to the specific problems for migrant and seasonal farm workers including, inter alia, instituting so called "outreach services" intended to locate and contact migrant and seasonal farmworkers who are not being reached by the normal intake activities.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Administrative provisions governing the job service system

Adoption: 1992-04-01 | USA-1992-R-38923

The job service system is monitored and enforced, inter alia, by a complaint system regulated in this part. Migrant and seasonal farmworkers' complaints related to the job service system are specifically regulated.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Temporary employment of aliens in the United States

Adoption: 1992-04-01 | USA-1992-R-38926

These regulations set out the procedures to secure information to determine whether U.S. workers are available to perform temporary employment in the United States, for which an employer desires to employ nonimmigrant foreign workers and whether the employment of aliens for such temporary work will advesly affect the wages or working conditions of similarly employed U.S. workers. Specific procedures are set out for H-2B workers, H-2A workers, logging employment and non-H-2A agricultural workers,, nurses, alien crewmembers to be used for longshore activities in U.S. ports, H-1B workers in speciality occupations and as fashion models, and F-1 students in off-campus work.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Labour certification process for permanent employment of aliens in the United States.

Adoption: 1992-04-01 | USA-1992-R-38927

Pursuant to the Immigration and Nationality Act, certain categories of foreigners may only obtain a visa for entrance into the United States in order to engage in permanent employment if it has been established that there are not sufficient United States workers, who are able, willing, qualified and available at the time and at the place where the foreigner is to perform the work, and that the employment fo the foreigner will not adversly affect the wages and working conditions fo United States workers similarly employed. These regulations set out the rules and procedures for this Labor Certification Process.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Applicant Processing for Family Unity Benefits Rule (8 CFR Parts 103, 242, 264, 274a, 299)

Adoption: 1992-02-18 | Date of entry into force: 1992-10-01 | USA-1992-R-27736

Provides for temporary stay of deportation and work authorisation for certain eligible immigrants

United States of America - Migrant workers - Regulation, Decree, Ordinance

Migrant and Seasonal Agricultural Worker Protection Rule (29 CFR Part 500)

Adoption: 1992-02-07 | Date of entry into force: 1992-02-18 | USA-1992-R-27261

Changes the address listed in 500.212 of Regulations 29 CFR Part 500 for administrative hearing requests.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Executive Office for Immigration Review

Adoption: 1992-01-01 | USA-1992-R-38862

These Regulations establish a Board of Immigration Appeals, an Office for the Chief Immigration Judge and prescribe the Rules of Procedure for Immigration Judge Proceedings.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Powers and duties of immigration service officers; availability of immigration service records

Adoption: 1992-01-01 | USA-1992-R-38863

Regulates, inter alia, the right of access to recorded information about immigrants.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Immigrant petitions

Adoption: 1992-01-01 | USA-1992-R-38864

Regulates how, and whereto petitions for immigrant status shall be adressed. Prescribes specific rules for petitions from relatives, orphans, Amerasian children, employment based immigrants and employment creation aliens.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status of refugees and aliens granted asylum (8 CFR Part 209).

Adoption: 1992-01-01 | USA-1992-R-38865

Entitles refugees to request admission as permanent residents after one year in the United States. Aliens granted asylum may also petition for an adjustment of status on certain conditions.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Special agricultural workers

Adoption: 1992-01-01 | USA-1992-R-38866

Regulates the conditions and procedure used for the adjustment of foreign agricultural workers to lawful temporary and permanent resident status. Applications for eligibility as Special Agricultural Worker ("SAW") under these provisions was possible from 1987-07-01 until 1988-11-30.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Replenishment agricultural workers

Adoption: 1992-01-01 | USA-1992-R-38867

Regulates the conditions and procedure used for adjustment of the status of foreign agricultural workers to lawful temporary and permanent resident status. The qualifying period for eligibility as Replenishment Agricultural Worker ("RAW") was from 1985-05-01 until 1988-11-30.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Documentary requirements; immigrants; waivers

Adoption: 1992-01-01 | USA-1992-R-38868

Prescribes which documents immigrants of different status are required to have. Regulates the procedure to be followed by alien commuters, i.e. aliens lawfully admitted for permanent residence or special agricultural workers admitted for temporary residence who resides in foreign contiguous territores and who commutes to the United States for temporary or seasonal work.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Documentary requirements: non-immigrants; waivers; admission of certain inadmissible aliens; parole (8 CFR Part 212)

Adoption: 1992-01-01 | USA-1992-R-38869

Details the visa requirements as well as the conditions for excercising the discretionary authority to waive such requirements. Special border-crossin facilities set up for Canadian and Mexican nationals.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Nonimmigrant classes

Adoption: 1992-01-01 | USA-1992-R-38870

Details the requirements for obtaining a nonimmigrant visa. The rules provide for eighteen different visas, each with a specific letter code to which may be added a number. The following categories exist: Foreign government officials (A-1,2), visitors (B-1 business, B-2 pleasure), transits (D), traders and investors (E), students in universities and similar institutions (F-1, 2), representatives of international organizations (G1-5), temporary employees (H-1A nurses, H-1B artists, specialists, H-2A temporary agricultural workers, H-2B other temporary workers, H-3 trainees), representatives of international media (I), exchange aliens (J), fiancées and fiancés (K), intracompany transferees (L), students in vocational training insitutions (M), certain parents and children of status I nonimmigrants, aliens of extraordinary ability (O), artists and entertainers under a reciprocal exchange program (P), international cultural exchange aliens (Q), religious workers (R), NATO aliens (NATO 1-7). Children of nonimmigrants with A, B, C, D and E status may be accorded the same nonimmigrant classification. Specific limitations apply to Libyan nationals. Specific rules apply to Canadians applying for admission pursuant to the United States-Canada Free Trade Agreement (FTA)

United States of America - Migrant workers - Regulation, Decree, Ordinance

Controls of aliens departing from the United States (8 CFR Part 215).

Adoption: 1992-01-01 | USA-1992-R-38871

A foreigner may be prohibited from departing from the United States on certain specified conditions including the condition that the foreigner's departure constitute a possible prejudice to the (defense and security) interests of the United States. Such a decision may be reviewed pursuant to a specifically regulated procedure.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Visa waiver pilot program

Adoption: 1992-01-01 | USA-1992-R-38872

On a temporary basis, the visa requirement for foreigners coming from certain (listed) countries is waived. A foreigner vis-à-vis whom the visa requirment has been waived, will be granted B nonimmigrant status, and is allowed to remain in the United States for a maximum of nintety days. Such a nonimmigrant may not have his/her status adjusted pursuant to section 245, nor changed pursuant to section 248 of the Immigration and Nationality Act.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Inspection of persons applying for admission

Adoption: 1992-01-01 | USA-1992-R-38873

Regulates, inter alia, how border inspection is carried out and the conditions for decisions to detain, parole or parole for deferred inspection arriving foreigners. Prescribes when and how an immigration judge may be called hear appeals of decisions related to admissibility to the United States.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Detention for examination to determine mental or physical defects

Adoption: 1992-01-01 | USA-1992-R-38874

Imposes a responsibility for detention and transportation expenses on the carrier of an alien passenger who is detained and subesequently found excludable on grounds of mental or physical defects.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Examination on Application of Naturalization (8 CFR Part 235).

Adoption: 1992-01-01 | USA-1992-R-38875

The manner in which the examination is to be carried out is set forth in 42 CFR Part 34. Examinations of foreigners applying for permanent residence must be made by specifically designated civil surgeons and a regulated fee is payable directly to the surgeon by the foreigner.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Hearings on Denials of Applications for Naturalization (8 CFR Part 236).

Adoption: 1992-01-01 | USA-1992-R-38876

Regulates the procedure of exclusion hearings before immigration judges. Decisions may be appealed. Excluded foreigners above 14 years of age are fingerprinted.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Revocation of Naturalization (8 CFR Part 240)

Adoption: 1992-01-01 | USA-1992-R-38877

§ 340.1 [Reserved]

§ 340.2 Revocation proceedings pursuant to section 340(a) of the Act.

(a) Recommendations for institution of revocation proceedings. Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by willful misrepresentation, and a prima facie case exists for revocation pursuant to section 340(a) of the Act, USCIS will make a recommendation regarding revocation.

(b) Recommendation for criminal prosecution. If it appears to USCIS that a case described in paragraph (a) of this section is amenable to criminal penalties under 18 U.S.C. 1425 for unlawful procurement of citizenship or naturalization, the facts will be reported to the appropriate United States Attorney for possible criminal prosecution.

[76 FR 53804, Aug. 29, 2011]

United States of America - Migrant workers - Regulation, Decree, Ordinance

Temporary protected status for nationals of designated states

Adoption: 1992-01-01 | USA-1992-R-38878

A foreigner from designated states may be granted Temporary Protected Status. The list of grounds for inadmissibility for foreigners with this status is more limited than generally is applied. Describes the specific procedure to apply. Employment authorizations are granted for six months periods. El Salvador is a designated state under these provisions.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Conditional basis of lawful permanent residence status for certain alien spouses and sons and daughters

Adoption: 1992-01-01 | USA-1992-R-38880

Generally speaking, foreigners lawfully permitted to enter the US may freely be accompanied by their spouse and children under the same immigrant status. However, if the couple have been married less than two years, and if the entering foreigner is an entrepreneur (Sec 203 (b)(5) of the Immigration and Nationality Act) the accompanying family members will only be granted conditional permanent residence. The conditional status can be removed upon application (within two year of entry) followed by a hearing to verify the authenticity either of the qualifying marriage or the entrepreneurship. These regulations outline the procedure for this verification process.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status to that of a person admitted for permanent residence

Adoption: 1992-01-01 | USA-1992-R-38882

Sets forth the procedure for adjusting the status of foreigners legally entered but otherwise not entitled further to remain in the United States. Encompasses several different schemes, the first enacted 1957.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status to that of persons admitted for lawful temporary of permanent resident status under Section 245A of the Immigration and Nationality Act, as amended by Public Law 99-603, the Immigration Reform and Control Act of 1986, and Public Law 100-204, Section 902.

Adoption: 1992-01-01 | USA-1992-R-38883

Regulates the adjustment procedure of foreigners illegally residing in the United States. Most newly legalized foreigners are disqualified from receiving benefits from programs of financial assistance under federal law.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status of certain resident aliens (8 CFR Part 247).

Adoption: 1992-01-01 | USA-1992-R-38884

Certain foreigners admitted for permanent residence may have their status adjusted to that of non immigrants if they undertake occupations which entitle them to diplomatic privileges. This extends to the immediate family of the immigrant. The foreigner's objections to such adjustment may be heard in a special procedure.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Change of nonimmigrant classification

Adoption: 1992-01-01 | USA-1992-R-38885

With certain limited exceptions, nonimmigrants may apply to have their classification changed to another nonimmigrant classification provided the criteria for such classification are fulfilled.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Registration and fingerprinting of aliens in the United States (8 CFR Part 264).

Adoption: 1992-01-01 | USA-1992-R-38887

Details the procedural requirements concerning fingerprinting of foreigners above the age of fourteen as well as recordkeeping of such prints. The fingerprinting requirements are waived for certain immigrants including foreign government officials and employees and for non immigrants remaining less than one year in the United States.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Control of employment of aliens (8 CFR Part 274a).

Adoption: 1992-01-01 | USA-1992-R-38888

Regulates the responsibilities incumbent on employers concerning verification of the legal status of persons to be hired. State employment agencies may, but are not required, to conduct such verification. A specific procedure is prescribed if such an agency undertakes chooses to conduct the verification process. Pertinent documents must be retained for specific periods of time and made available for inspection by the INS upon request. These rules do not apply to employees covered by the amnesty provisions 1986, i.e. those employed prior to November 6, 1986. Enforcement procedures are laid down as well as penal sanctions for those in violation of these provisions. These regulations further define the classes of aliens authorized to accept employment and the formalities for obtaining an employment authorization.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Immigration user fee

Adoption: 1992-01-01 | USA-1992-R-38889

Imposes the collection of a US$ 5.00 fee on arriving passengers on commercial aircrafts or commercial vessels.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Listing of free legal services programs

Adoption: 1992-01-01 | USA-1992-R-38890

Imposes the obligation on immigration officers to maintain current lists of organizations offering free legal aid to foreigner in deportation or exclusion proceedings.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Immigration forms

Adoption: 1992-01-01 | USA-1992-R-38891

Lists all the prescribed forms to be used in compliance with the Act as well as the places whese such forms can be procured.

United States of America - Migrant workers - Regulation, Decree, Ordinance

General requirements for naturalization

Adoption: 1992-01-01 | USA-1992-R-38892

To qualify for naturalization a foreigner must, inter alia, establish that he or she is 18 years of age, has been lawfully admitted as permanent resident, has resided in the US for five continuous years, has been physically present in the US at least 30 months of these five qualifying years, has resided three months in the State where the application for naturalization is filed and is a person of good moral character. Deserters of the US armed forces as well as those who have departed from the US to evade military service are disqualified. Special rules apply with respect of, inter alia, spouses of US citizens and children.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Rural labor - Immigration Reform and Control Act 1986 - Definitions

Adoption: 1992-01-01 | USA-1992-R-38893

Lists definitions of the terms agricultural lands, critical and unpredictable labor demands, field work, fruits, vegetables, horicultural specialities, other perishable commidities, seasonal, seasonal agricultural services and vegetables of relevance for determining which special agricultural workers may be admitted for temporary residence under the Immigration Control and Reform Act of 1986. Asssits the Immigration and Naturalization Service in determining which special agricultural workers may be admitted for temporary residence.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Determination of the shortage number under section 210A of the Immigration and Nationality Act

Adoption: 1992-01-01 | USA-1992-R-38894

Agricultural workers admitted under the seasonal agricultural worker (SAW) program of the Immigration and Nationality Act ("INA") (as amended by the Immigration Reform and Control Act of 1986) were legally entitled to seek employment outside agriculture. As this could entail a shortage of workers in the field of agriculture, the INA provides a framework for admitting additional workers to work in seasonal agricultural services. These regulations establish how to establish if there is such shortage which would entail an additional admission of seasonal workers.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Employment Based Immigrants Rule (8 CFR Parts 103 and 204)

Adoption: 1991-11-22 | Date of entry into force: 1991-11-29 | USA-1991-R-26635

Implements section 121 of the Immigration Act of 1990, Public Law 101-649, Nov.29, 1990, by providing petitioning procedures for employment based immigrants under sections 203(b)(1) through (5) of the Immigration and Nationality Act in order to help American businesses hire highly skilled, specially trained personnel to fill increasingly sophisticated jobs for which domestic personnel cannot be found.